MOHD. IRSHAD Vs. NADEEM

JUDGEMENT

(1.) The present Appeal under Sec. 19 of the Family Courts Act, 1984 has been filed by the appellants against the impugned Order dtd. 21/3/2018 vide which the petition filed by the appellants/maternal grandparents of the minor child to be appointed as 'Guardian' and to seek permanent custody was dismissed.

(2.) The factual matrix in brief is that a petition under Sec. 7 read with Sec. 25 of the Guardians and Wards Act, 1890 was filed on behalf of the maternal grandparents/appellants to be appointed as Guardian and for permanent custody of their grandson Master Rehan. The appellants' daughter Quamar Jahan was married to the respondent herein on 25/11/2007 and the couple was blessed with one son Master Rehan on 24/11/2008. According to the appellants, Quamar Jahan, their daughter was killed by the respondent on account of dowry demand and harassment within 7 years of marriage i.e. on 22/1/2010. The FIR under Ss. 304-B/34 IPC was registered at P.S.Jyoti Nagar against the respondent and his parents. The respondent eloped with the child. However, subsequently, the respondent and his parents were arrested and sent to judicial custody.

(3.) Immediately after the respondent and his parents were sent to jail, the Guardianship Petition was filed by maternal grandparents/appellants on 24/2/2010 seeking the custody of the child. Initially, the other family members of the respondent had the custody of Master Rehan as the respondent was absconding. Child was recovered on 30/5/2010 and was handed over to the appellants on the same day and since then, the child is in their continuous custody.